Floyd County Prosecutor Keith Henderson is investigating whether a local funeral director violated criminal law by keeping a body in the basement of his funeral home for nearly 12 years.

On Sept. 2, 1997, 96-year-old Irene Jackson died in Indianapolis, according to coroner records. The woman had family in Southern Indiana, so she was taken to Baity’s Funeral Home at 911 State St. in New Albany. However, her body was not buried until last week.

According to Funeral Director William Baity, he never buried the woman because her son never paid him the $1,300 he owed for funeral expenses.

The case was brought to the attention of Floyd County Coroner Leslie Knable by the State Board of Funeral & Cemetery Service. Knable said she approached Baity and asked if it was true that he had been keeping a body in the basement for more than 10 years. Knable said Baity told her it was true and took her downstairs to show her the casket.

Baity told The Tribune that a funeral service was held for Jackson. She was embalmed and placed in a casket the family chose, but she was never buried because the son never returned to sign the contract or pay the money he owed.

Baity said he tried for years to track down Jackson’s son, who apparently lived in Indianapolis, but he never had any success until last January when the son showed up at a local funeral where Baity and his son were.

Baity said the man stood outside and would not go in the building. He reportedly told others that he was too embarrassed because he still owed Baity money. He then told Baity’s son that he would pay the money.

“He said he felt bad because he hadn’t paid,” Baity said.

According to Knable, Baity’s son told the man that they needed that money in order to finally put his mother in the ground.

“He said, ‘What do you mean she’s not in the ground?’” Knable said.

Baity said he could not afford to pay the cemetery to bury Jackson, so he had no choice but to keep her at his facility.

“I just didn’t know what to do,” Baity said. “I was new in the business, and I didn’t have the money to bury her.”

Baity does not believe he did anything wrong and said he should not be charged with any crime.

“I believe I was patient and kind. I showed great grace and didn’t file suit against (Jackson’s son),” he said. “I went above and beyond what most people have done.”

Baity said he has never had another person fail to pay him during his entire career. Knable said she believes Baity’s actions were unethical, but she believes he is a nice person who did not mean to cause anyone harm. She believes he should have asked other funeral home directors what they would do in that situation.

“I think Mr. Baity genuinely did not know what to do,” Knable said. “He wasn’t trying to hide from anybody.”

The woman was buried last Wednesday after Kraft Funeral Home donated their services and a vault. Baity said the woman’s son finally paid him last Friday and he sent all of that money to the cemetery.

“I have no hard feelings toward (the son),” Baity said. “With the economy, I know everyone is struggling.”

Tracy Hicks, director of the State Board of Funeral & Cemetery Service, said Baity’s license was revoked in August of 2008 and so they have no authority to impose any other penalties. She said it would be up to the local prosecutor’s office to file charges.

“Once they have no license, the board has no further jurisdiction,” Hicks said.

Knable and Henderson originally discussed whether Baity could be charged for abuse of a corpse or holding the body for ransom, but Henderson said those charges likely would not apply in this case.

According to Knable, the body was actually in better condition than it would have been in the ground. It was in a Batesville “top of the line sealer casket.” The high-quality casket and the cool temperature where the body was being kept seemed to mummify the body, Knable said.

Henderson said they could not charge Baity for theft of services because no contract had been signed between Baity and the deceased woman’s son.

Henderson said he is also looking into whether there is a law against operating a funeral home without a license. Investigators with the state board alleged that Baity continued to work even after they revoked his license in August. In February, The Tribune reported that Baity was being investigated for operating without a license. Since that article’s publication, Baity has no longer operated his funeral home.

The law appears to be unclear about who is to enforce penalties after a funeral director’s license has been revoked.

“Somebody needs to set a precedent of what the crime is when you do something like this,” Knable said.

According to the Associated Press, Lake County Prosecutor Bernard Carter said last week he was considering calling a grand jury to decide whether to charge a former funeral home director in Gary after four decomposed bodies were found in an abandoned funeral home late last month.

Darryl Cammack, the former owner of Serenity Gardens Funeral Home in Gary, told the Associated Press that he didn’t believe the bodies were left from when he ran the funeral home before his license was revoked in 2006.

Knable said she has been in contact with the Lake County Coroner but believes that case is different because those bodies were being kept in cardboard boxes and unsanitary conditions.